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2024 APHR STUDY KIT EXAM WITH 100% CORRECT ANSWERS
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2024 APHR STUDY KIT EXAM WITH 100% CORRECT ANSWERS
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2024 APHR STUDY KIT EXAM WITH100% CORRECT ANSWERS
Sherman Anti-trust Act (1890) - CORRECT ANSWERS---curbed concentrations
of power that interfere with trade and reduce economic competition by
regulating monopolies and trade; protects free trade
--applied to unions in early days because they were seen as a monopolizing
power
--forbade any "restraint of commerce" across state lines, and courts ruled
that union strikes and boycotts were included
Clayton Act (1914) - CORRECT ANSWERS---modified the Sherman Anti-trust
Act by making illegal certain business practices that are conducive to the
formation of monopolies or that result from them, like anticompetitive
mergers and acquisitions.
--section 6 specifically exempted labor union and agricultural organizations
from the Sherman Antitrust Act which effectively legalized boycotts, peaceful
strikes, and peaceful picketing against companies
performance improvement plan (PIP) - CORRECT ANSWERS-A detailed
document explaining what the employee needs to change and detailed steps
on how to accomplish the change.
legal strike - CORRECT ANSWERS-when employees are seeking better
working environment, benefits or compensation or when employer is using
unfair labor practice
illegal strike - CORRECT ANSWERS-when employees have signed contract
with no-strike clause, are defending a union's unfair labor practice, or there
is a significant concern that they will cause property damage or bodily harm
turnover rate - CORRECT ANSWERS-percentage of employees who leave he
workforce during a period of time, typically a calendaror fiscal year.
]calculate by taking the number of employees who exited and divide it by
the average number of employees during the year and multiply by 100
union decertification - CORRECT ANSWERS-30% of employees sign petition
and file with the NLRB, petition cannot be filed less than 12 months after
certification, if petition is approved a decertification election is held, majority
vote of those who voted wins
,union deauthorization - CORRECT ANSWERS-process of removing a union's
security clause and its authority to negotiate, process is same as
decertification
Railway Labor Act (1926) - CORRECT ANSWERS---created to allow railway
employees to organize into labor unions
--amended to include Airlines engaged in interstate commerce in 1936.
--covered employees are encouraged to use the National Mediation Board
(NMB)
--puts limits on strikes; mandated that when disputes arise they must "work
now and grieve later".
--presidential involvement and cooling off periods if arbitration fails and there
is a threat to US economy, trade, transportation needs
National Mediation Board (NMB) - CORRECT ANSWERS---Permanent
independent agency that coordinates labor-management relations within the
U.S. railroads and airlines industries (those covered by the Railway Labor
Act)
Davis-Bacon Act (1931) - CORRECT ANSWERS---Requires contractors and
subcontractors on federally funded/assisted projects worth more than $2000
in the US to pay wages and fringe benefits at least equal to those in the local
area where the work is performed
--Allows apprentices to be paid less under certain circumstances
Norris-La Guardia Act (1932) - CORRECT ANSWERS---Prohibited and made
yellow-dog contracts unenforceable in federal court.
--Also prohibited federal courts from issuing injunctions of any kind against
peaceful strikes, boycotts, or picketing when used by a union in connection
with a labor dispute which forces employer to openly and fairly discuss any
disputes
yellow-dog contracts - CORRECT ANSWERS---any contract where a worker
had to agree not to be a member of the union before they could be hired
labor dispute - CORRECT ANSWERS---any disagreement about working
conditions
National Industrial Recovery Act, NIRA (1933) - CORRECT ANSWERS---
declared unconstitutional by the Supreme Court in 1935 because it was too
far-reaching (Schecter Poultry Case)
--replaced by the National Labor Relations Act NLRA in the same year which
is still in effect.
--Proposed the creation of "codes of fair competition" for each of several
different industries. Required every business to identify with and belong to a
,trade association and would then be federally licensed. Anti-trust laws would
be superseded in favor of the code. If a business refused to participate in the
code, its license could be suspended, that business would end all operations
immediately.
--established that employees could not be required as a condition of
employment to join or refrain from joining a union
Wagner-Peyser Act (1933) - CORRECT ANSWERS---created a nationwide
system of employment offices, known as Employment Service Offices, run by
the US Department of Labor's Employment and Training Administration
(ETA).
--offices provide jobseekers with assistance in their job search, assistance in
searching jobs for unemployment insurance recipients, and recruitment
services for employers
--amended by the Workforce Investment Act (1988)
Securities and Exchange Act (1934) - CORRECT ANSWERS---provides for
governance in the secondary market, which is all trading after the initial
public offering
--created the Securities and Exchange Commission
Securities Exchange Commission (SEC) - CORRECT ANSWERS---created by
the Securities and Exchange Act
--has oversight authority for the trading of stocks in America
--extends the disclosure doctrine of investigative protection to securities
listed and registered for public trading on any of the US exchanges
Copeland Anti-Kickback Act (1934) - CORRECT ANSWERS---precludes federal
contractors or subcontractors from inducing an employee to giving up any
part of their wages to the employer for the benefit of having or keeping the
job
National Labor Relations Act, NLRA (1935)*** - CORRECT ANSWERS--- aka
"The Wagner Act"
--grants and protects employees' right to organize, join unions, and engage
in collective bargaining and other "concerted activities"
--Also protects against any unfair labor practices by employers aimed at
employees
--Key Provisions:
1. Right of workers to organize into unions for collective bargaining
2. Requirement of employers to bargain in good faith when employees have
voted in favor of a union to represent them.
3. Requirement that unions represent all members equally without showing
favoritism
4. Covering non management employees in private industry who are not
already covered by the Railway Labor Act
, --Established the NLRB
concerted activities - CORRECT ANSWERS---anytime two or more employees
come together and discuss how satisfied they are with their work , their
managers, supervisors, whether or not they're safe etc
National Labor Relations Board (NLRB) - CORRECT ANSWERS-The agency
responsible for administering and enforcing the Wagner Act. Its purpose is to
reduce labor-management conflicts.
Two primary functions:
1. secret-ballot elections to determine whether employees want to be
represented by a union;
2. to prevent and remedy unfair labor practices.
Social Security Act (1935) - CORRECT ANSWERS---designed to help senior
citizens. Now includes Social Welfare and social insurance programs
-supported through payroll taxes with contributions from both the employee
and the employer.
--programs currently under this umbrella:
1. federal old-age benefits aka retirement
2. survivors benefits, spousal benefits, dependent children and widow /
widower benefits
3. disability insurance for workers are no longer able to work
4. Temporary Assistance for Needy Families
5. medical health insurance for aged and disabled
6. Medicaid grants to States for medical assistance programs
7. Supplemental Security Income SSI
8. State Children's Health Insurance Program SCHIP
9. Patient Protection and Affordable Care Act PPACA aka Obamacare
Federal Insurance Contributions Act, FICA - CORRECT ANSWERS---sets payroll
taxes for social security act
Form I-9 - CORRECT ANSWERS---Employment Eligibility Verification
-- United States Citizenship and Immigration Services form
--must be completed for every new employee on the payroll within the first 3
days
--requires proof of identity
--uses documents from list of acceptable ones to ID
--Mandated by the Immigration Reform and Control Act of 1986
--used to verify the identity and legal authorization to work of all paid
employees in the United States
--postoffer, prehire document
--must be kept for 3 years after hire or 1 year after termination (whichever is
later)
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